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Black Marjieh & Sanford News and Insights

BMLS Partner Lisa Black Obtains Dismissal on behalf of Building Owner Client in Wrongful Death Case, and Voluntary Discontinuances in Multiple Cases

BMLS partner Lisa Black obtained a dismissal on behalf of a building owner client in a wrongful death case, and voluntary discontinuances in multiple cases utilizing targeted and creative solutions to protracted litigation:

BMLS partner Lisa Black obtains dismissal in wrongful death case. Luna v. Broadcom, et al. (NY County) - Representing a building owner in a newsworthy case in which Plaintiff, decedent, an elevator repairman, tragically died in an elevator shaft, Lisa moved to strike the plaintiffs’ pleadings for failure to provide discovery and to comply with several prior court orders regarding key discovery withheld from Defendants. After several contentious oral arguments on the motion, and based on the evidence presented, the court agreed with Defendants’ argument and struck Plaintiffs’ complaint in its entirety. Of note in the Court’s decision was the significant record of Plaintiffs’ willful and contumacious discovery delinquency established by Defendants.

BMLS partner Lisa Black obtains voluntary discontinuance for engineer in construction site accident case. Richards v. MIU, et al. (Kings County) - Plaintiff sued 18 Defendants claiming that he fell in a construction site sustaining multiple injuries to his back requiring fusion surgery as well as lost wages. After targeted discovery and presenting plaintiff with a detailed affidavit on behalf of her engineering client, Lisa obtained a voluntary discontinuance.

BMLS partner Lisa Black obtains voluntary discontinuance for architect in construction site accident case.Baez v. 848 Development LLC et al. (Kings County) - Plaintiff sued multiple Defendants in a Labor Law case claiming that he was injured at a construction site sustaining severe injuries due to defendants’ alleged failure to provide adequate and proper protection. After targeted investigation and presenting plaintiff with same on behalf of her architect client, Lisa obtained a voluntary dismissal with prejudice.

BMLS partner Lisa Black obtains voluntary discontinuance for engineer in construction site accident case. Alvarenga v. Warwick Owners Corp. (Kings County) - Plaintiff sued the owner in Labor Law case claiming that he fell from a ladder. The owner commenced a third-party action against Lisa’s client, an engineer who was allegedly responsible for inspections, alleging contractual indemnity. Lisa, utilizing the contract provisions, moved to sever the third party action, which was granted. The case was ultimately resolved with a full release and no contribution by her client.

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